At the October 26, 2022 City Commission meeting, Commissioner Arriola sponsored a referral item to the Finance and Economic Resiliency Committee to discuss protections for tenants. 

The City of Miami Beach and Miami-Dade County have taken steps to implement programs to increase tenant protections. A few recent legislative actions are cited below.

On February 9, 2022, the Miami Beach City Commission adopted Ordinance No. 2022-4470, amending the previous City Code to establish a written policy that protects tenants by requiring landlords to provide 60-day written notice for rent increases of more than five (5) percent, to allow tenants time to find suitable alternative housing. This Ordinance also protects tenants that are renting month-to-month.

On March 1, 2022, Miami-Dade County adopted Ordinance No. O-22-24, establishing detailed responsibilities of the landlord once a building has been declared unfit. If the building’s safety concern is the direct result of the landlord’s negligence or failure to act, then the landlord is responsible to make necessary arrangements and to relocate the displaced tenants to safe, sanitary, and secure housing.

On May 3, 2022, Miami-Dade County passed and adopted Ordinance No. O-22-47, establishing the new Tenant Bill of Rights. This Ordinance further solidifies the need for a 60-day written notice of rent increases, incorporates already existing tenant protections, and also details further protections for tenants, such as making it unlawful to fail to provide a tenant dwelling on a month-to-month basis with a 60-day written notice of change of ownership, and making it unlawful to require disclosure of previous eviction history.

On October 26, 2022, the Miami Beach City Commission adopted Ordinance No. 2022-4518, amending Chapter 58 of the City Code and established that within 14 days from the time an occupied residential building is declared unfit for human habitation and placarded, or within eight (8) hours if the building is declared unfit for human habitation as an emergency pursuant to Sec. 58-361 (e), the owner shall make all necessary arrangements and pay for all reasonable expenses incurred by the residential tenant(s).

On November 16, 2022, Commissioner Fernandez sponsored and the City Commission adopted Resolution No. 2022-32393 to approve funding the Tenant Defense Program with Legal Services of Greater Miami, Inc. utilizing HOME American Rescue Plan funds. The Program allows legal services to be provided to qualifying low- and moderate-income residents to address issues associated with tenant rights, including evictions, necessary repairs not completed by the landlord, 60-day notices before rent increases, and instances when landlords refuse to cover temporary housing expenses when a tenant’s unit is deemed unsafe and inhabitable.

The Administration continuously explores ways to augment resources and assistance to tenants experiencing issues with housing. Below are current initiatives that address tenant concerns.

Property Standards: All landlords must comply with Section 58-Article III, Property Maintenance Standards (sections 58-176 through 58-302). If a tenant believes a landlord has failed to make repairs, Code Compliance can investigate and issue a violation. Once Code Compliance issues a violation, the tenant may seek legal assistance to pursue further action if needed.

An alternative means of enforcement is through the Building Department if there is a life safety, structural issue, or other concern (i.e. unsanitary conditions) which renders the unit uninhabitable. The Building Official and/or Fire Marshall (under certain circumstances) can issue a violation, thereby triggering the landlord’s obligation to pay for temporary housing for the dislocated tenant, in accordance with Section 58-362.

If the owner fails to take the necessary steps to provide for the relocation of displaced residents, and City personnel are required to assist in the relocation, the owner shall pay all expenses incurred by the City, with payment to occur within seven (7) days from receiving an itemization of expenses incurred in the relocation. If the owner fails to pay City-incurred expenses, a lien against the property may be filed in the county's public records equal to liens filed for ad valorem taxation with an interest rate at the maximum rate provided by F.S. § 687.02. Upon foreclosure of the lien, the City would be entitled to attorney fees and costs.

Legal Assistance: The City allocated $183,801 of HOME American Rescue Plan funds for the Tenant Defense Program (the “Program”), which would provide legal assistance to low- and moderate-income residents in private, public, and subsidized housing who are behind on rent and at risk of eviction and tenants living in public housing who are behind on utilities and at risk of losing subsidized housing. Through this Program, tenants having issues with their landlords maintaining the conditions of their unit will be assisted by Legal Services of Greater Miami. The Program would be funded for two (2) years, and no additional funding has been identified thus far.

Fair Housing: All jurisdictions directly receiving Community Development Block Grant (“CDBG”) funds from the United States Department of Housing and Urban Development (“HUD”) are required to conduct an Assessment of Fair Housing (AFH) through the analysis of their fair housing landscape and set locally determined fair housing priorities and goals. The City is an entitlement jurisdiction that receives HUD CDBG funds. Currently, the City has an agreement with the Housing Opportunities Project for Excellence, Inc. (H.O.P.E., Inc.) to meet the requirement to Affirmatively Further Fair Housing by overcoming the effects of conditions that limit fair housing choice citywide through education, outreach, and counseling. Tenants facing possible housing discrimination are referred to H.O.P.E., Inc. for services.

Tenant Rights: The Miami-Dade County Office of Housing Advocacy acts to address affordable housing issues and tenant and landlord rights. The Office of Housing Advocacy offers several services to all residents in Miami-Dade County, including case management support and a tenant hotline, 786-469-4545 and an online platform that allows residents to submit inquiries and complaints through their website.

Miami-Dade County Building Blocks funding: Miami-Dade County’s Building Blocks for Housing Affordability, namely the Naturally Occurring Affordable Housing (NOAH) Rehabilitation Loan Program, provides financing for property owners to renovate and update their buildings in exchange for capping their rents at affordable rates. The initiative can help owners keep rent costs down and provide their tenants with safe, sanitary, and secure housing.